Thomas v. State

*758OPINION

This is an appeal from a judgment of conviction for burglary and grand larceny. Appellant Thomas contends that the evidence was insufficient to support his conviction, and that the district court abused its discretion in determining his sentence. We disagree with the first contention, but agree with the second. We therefore affirm Thomas’ conviction, but reverse and remand as to the sentence.

After Thomas was convicted, the Department of Parole and Probation recommended that the district court place him on probation. Relying on the fact that Thomas continued to maintain his innocence,…